Journals of the Board of Trade and Plantations, Volume 4, November 1718 - December 1722. Originally published by His Majesty's Stationery Office, London, 1925.
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Journal of the proceedings of Her Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving her plantations in America and elsewhere, from the sixth of November, 1718, to the nineteenth of November, 1719.
Journal, November 1718
The draught of a letter, directed at the last meeting to be prepared, to Mr. West, relating to the right to the woods in the Massachusets Bay and other parts on the continent of America, was agreed and ordered to be sent.
A letter from Mr. Secry. Craggs dated yesterday, referring to the Board the copy of one from Sir William Blackett, dated at Newcastle, the 1st inst. and of another dated the 19th of Oct. last at Versailles, and signed Sally, relating to the establishing several manufactures, particularly of iron, in France by British artificers, was read, together with the said copies of letters; whereupon ordered that copies of the said letters be sent to Mr. Attorney, Mr. Solicitor General and to Mr. West for their opinion, how far His Majesty is impowered by law to put a stop to his subjects going out of this kingdom and exercising their arts in foreign countries, and to oblige such as may be abroad to return.
Mr. West attending, the Board took into consideration the act passed at New York in Nov., 1717, intituled, An Act for letting to farm the Excise of this colony for the term of five years, and to enable the farmers thereof effectually to collect the same, which was read, and their Lordships agreed to let it lye by, having no objection thereto.
Then their Lordships proceeded in considering the three acts of
New Jersey undermentioned, passed there in Jan., 1716—17, which
Acts were severally read, and their lordships agreed to let them lye
An Act for the currency of Bills of Credit for eleven thousand six hundred, seventy five ounces of plate in the province of New Jersey.
An Act for the support of the government of New Jersey for 3 years, and
An Act for laying an Excise on all strong liquors retailed within this colony of New Jersey.
A letter from Mr. Carkesse of 7th inst., inclosing an account from the officers of the Customs at the Out Ports of this kingdom, of the quantities of salt used and necessary for curing several sorts of fish, was read, and the said account laid before the Board.
A letter from Sir Nicholas Lawes, Govr. of Jamaica, dated the
1st Sept., 1718, was read, and the papers therein referred to, were
laid before the Board, intituled as follows, viz:—
Papers referred to.
List of papers received with Sir Nicholas Lawes's letter of 1st Sept., 1718.
Resolutions of the Assembly on the Govr's. speech, Aug. 9th, 1718.
Copy of the Council and Assembly's address to his Majesty the 9th Aug., 1718.
The Assembly's address to the Govr. the 12th Aug., 1718, with the Govr's. answer.
Naval officer's account of exports and imports at Jamaica from Lady Day, 1718, to Midsummer following.
The Collector of the Custom's account from the 25th March, 1718, to the 24th June following.
Survey of the Ordnance at Port Royal, taken the 26th of July, 1718.
Survey of the Ordnance and other stores of war at Port Royal, taken the 1st May, 1718.
List of Ordnance and other stores of war, reported to be wanting for Jamaica, by a committee of the Council there.
The Govr. and Council's answer to Don Juan del Valle, Aug. 5th, 1718.
Whereupon directions were given for preparing the draught of a representation to His Majesty in order to the repeal of the act of Jamaica, mentioned in the said letter relating to the discovery of disaffected persons. And their Lordships agreed to reconsider the other parts of the said letter at another opportunity.
Ordered that the draught of a representation be prepared for proposing John Yeamans, Esqr., to supply a vacancy in the Council of Antegoa. And that Francis Carlile, Esqr., recommended by the earl of Carnarvon, be inserted in the list of persons recommended to be of the Council in the said island.
The draught of a representation directed at the last meeting to be prepared for proposing John Yeamans, Esqr., to supply a vacancy in His Majesty's Council of Antegoa, was agreed and ordered to be transcribed.
Their Lordships taking into further consideration the printed trials of several pirates in the province of the Massachusets Bay, transmitted with Col. Shute's letter of the 26th June last; directions were given for preparing a letter to Mr. Solicitor General, to desire his opinion whether the commission issued by her late Majesty the 20th Oct. in the 3rd year of her reign, for the trial of pirates, did not become void upon her said Majesty's demise, or some time before the said trials, and in that case as the persons who acted as judge etc., thereupon proceeded with a good intention, what methods may be proper to be taken for indemnifying them from such penalties as they may by law have incurred upon those proceedings.
A copy of the journal of the proceedings of the Commissioners appointed by Act of Parliament in the 1st year of the reign of King William and Queen Mary for preventing the exportation of wool, was laid before the Board, and the memorial of three of the said Commissioners, which is prefixed to it, was read.
And the two Orders of Council with the petitions of several merchants, clothiers and others, relating to the exportation of wool yarn etc., (mentioned in the Minutes of 27th of March last) being again considered; their lordships gave directions for preparing the draught of a representation to His Majesty upon the said orders and petitions.
The draught of a representation to His Majesty, directed the 11th instant, to be prepared, in order to the repeal of an Act passed in Jamaica, in January 1715—16 relating to the discovery of disaffected persons, was agreed and signed.
The draught of a letter, directed to be prepared the 13th instant, to Mr. Solicitor General, for his opinion, relating to the trial of some pirates in the province of the Massachusets Bay, was agreed and ordered to be sent.
And then their Lordships proceeded in considering the 3 acts
passed in His Majesty's province of New Jersey in 1716—17, intituled as follows, viz:—
An Act for the more regular choosing and electing assessors and collectors in the respective towns and counties in this province.
An Act for the better laying out, regulating and preserving publick roads and highways throught this province and
An Act for explaining an act for enabling the owners of the meadows and marshes adjoining to, and on both sides the creek, that surrounds the island of Burlington, to stop out the tide from overflowing them,
to lie by.4
which were severally read; as likewise the act passed in the said province in February, 1710, referred to in the act last mentioned, relating to the meadows and marshes about the island of Burlington, and their Lordships agreed to let the said several acts lye by probationary.
A letter from Sir Martin Wescombe, dated at Cadiz the 17th Oct., 1718, acknowledging the receipt of the Board's letters of the 31st July and 3rd of Sept. last, and signifying that the British Nation there are under restraint at present; was read.
A letter from Mr. Secretary Craggs, of the 14th instant, desiring to know if the Board have any objection against William Pusey, Esqr., being appointed of His Majesty's Council in Jamaica, for which trust he has been recommended, was read; whereupon directions were given for preparing the draught of an answer to Mr. Secretary Craggs' said letter.
A letter from Mr. Secretary Craggs, dated the 17th instant, desiring to know if the Board have any objection against Francis Carlisle, Esqr., being appointed of His Majesty's Council in Antegoa, for which trust he has been recommended, was read; whereupon directions were given for preparing the draught of an answer to Mr. Secretary Craggs' said letter of the 17th instant.
A letter from Mr. Poyntz, His Majesty's Consul General at Lisbon, dated the 5th of Nov. N.S., 1718, relating to the British trade with the dominions of Portugal and to an edict passed there, obliging all persons to imploy particular brokers, was read, whereupon directions were given for preparing the draught of a letter to Mr. Secretary Craggs on the subject of the said edict.
Their Lordships taking into further consideration Mr. West's report, mentioned in the Minutes of the 14th instant, relating to the right to the woods in the province of Maine, and other parts on the continent of America, the said report was again read, and directions given for preparing an answer to Mr. Lowndes's letter of the 9th of the last month, relating to the said woods.
Ordered that the Secretary write to Mr. Solicitor General to the same purpose as the letter to Mr. Attorney General of the 22nd of the last month, relating to the right of patronage, presentation, and collating to ecclesiastical benefices in Virginia.
The draught of a letter, ordered yesterday to be likewise prepared to Mr. Secretary Craggs, relating to Francis Carlisle, Esqr., being of His Majesty's Council in Antegoa, was agreed, transcribed and signed.
The draught of a letter, directed yesterday to be prepared to Mr. Lowndes, relating to His Majesty's woods in the province of Maine and other parts on the continent of America, was agreed, and ordered to be sent.
The draught of a letter, directed yesterday to be prepared, to Mr. Secretary Craggs, relating to an edict in Portugal, as mentioned in Mr. Pointz's letter of 5th Nov., 1718 N.S., was agreed and ordered to be transcribed.
The draught of a representation directed the 13th instant to be prepared upon the Orders of Council, and petitions of several merchants, clothiers and others, relating to the exportation of wool and yarn, etc., from this kingdom, was signed, and ordered to be transcribed.
The petition of Abel Alleyne, Samuel Cox, Timothy Alleyne, Esqrs., and others, relating to Mr. Lowther, the Governor of Barbados, refusing to grant them a letter for reclaiming certain negroes at present in possession of the French Govr. at Martinique, with a reference thereupon from His Majesty to this Board, by Mr. Secretary Craggs, dated the 17th inst. was read; and their Lordships agreed to take the same into further consideration at the next meeting.
Their Lordships taking again into consideration the Act passed in
New Jersey in 1716—7, intituled, An act for the better inforcing an
ordinance of his Excellency Robert Hunter, Esqr., Capt. General and
Governor in chief of the provinces of New Jersey and New York, etc.,
intituled an ordinance for the further establishing of Fees and ferryages,
as also the memorial of Mr. James Smith, Secretary of the said
province, mentioned in the Minutes of the 27th Jan. last, relating
to the reduction of the fees of his office. Ordered that the said act
and memorial be sent to Mr. West, together with the 3 Acts undermentioned, passed in New Jersey in 1713, for his opinion thereupon,
An Act for shortening of law suits and regulating the practice of the law.
An Act inforcing the observation of the ordinance for establishing fees within this province, and
An Act for acknowledging and recording of deeds and conveyances of land within each respective county of this province.
Upon further consideration of the petition of Abel Alleyne, Esqr., and others, mentioned in yesterday's Minutes, relating to the Govr. of Barbadoes's refusing to grant a letter to the Govr. of Martinique for reclaiming some of the petitioners' negroes; Ordered that Mr. Thomas Tryon, who brought the said petition, be acquainted that the Board desire to speak with him and any of the petitioners on Tuesday morning next.
Upon consideration likewise of the petition of Ferdinando de Costa, and others, which was this day read, relating to some indigo seized at Jamaica; Ordered that Mr. Benjamin Bravo, who brought the said petition, be acquainted that the Board desire to speak with him and any of the said petitioners on Wednesday morning next.
Mr. Thomas Tryon attending, together with Abel Alleyne, Esqr., one of the petitioners who complain of the Governor of Barbados refusing to grant a letter for reclaiming several negroes from the Governor of Martinique, and Mr. Gordon, late Commissary of the Bishop of London, attending likewise, their Lordships had some discourse with them on that subject, wherein the said gentlemen, in answer to several questions proposed to them, acquainted the Board in substance as follows, viz:—
Mr. Alleyne said, that a negro of his, valued at 80 or 100l. had about 18 months ago been enticed away from his service, and that a friend of his, one Mr. Thomas, informed him he had seen the said negro at Martinique. Whereupon Mr. Alleyne desired Mr. Gordon to apply to Mr. Lowther, Governor of Barbados, for a letter to reclaim the said negro, which Mr. Gordon accordingly did by petition, but could obtain no answer. And the said Mr. Gordon acquainted their Lordships that he delivered the petition in behalf of Mr. Alleyne, Mr. Cox, and himself to the Secretary, not having an opportunity of speaking with the Governor. That the slaves, he, the said Gordon, claims, were stole from him by one Mackdonald, which the Marquis de Fauquier, Governor of Martinique, to whom Mr. Gordon is known, writ him word could not be released without a letter from the Governor of Barbados. And these gentlemen produced the affidavit of Mr. Cox importing that several of his negroes with a long boat and some goods were forced to Martinique by stress of weather, which affidavit was read, and a copy ordered to be taken thereof. And their Lordships particularly inquired of Mr. Alleyne, whether there were not some clandestine trade carried on between Barbados and Martinique, he answered that he believed there had been, and still continued such a trade, but that there is now a penalty on persons going from Barbados to Martinique, without the Govr's. licence. These gentlemen were then desired to bring to the Board on Thursday morning next a list of the several negroes at Martinique belonging to Barbados, with an account to whom they severally belong, and by what means they were taken, or went to Martinique, which was promised accordingly; and Mr. Gordon was desired to bring at the same time the letter, he said, the Governor of Martinique had writ to him.
Mr. Bravo attending with Mr. De Costa, etc. according to appointment, their Lordships had some discourse with them concerning the seizure of some indigo at Jamaica, as mentioned in the said De Costa's petition, which was laid before the Board the 21st instant, and now again read, and the said Bravo and De Costa, upon several questions to them, acquainted the Board in substance as follows, viz:—That about 12 months ago, the said indigo was seized at Jamaica by the Naval and Custom House officers: though the master of the ship made the usual oath and report, that the goods were not legally condemned, there having been no manner of proceedings on the said seizure other than outcry and proclamation that any person having a right might claim the same, which the petitioners' factors were discouraged from doing by reason of the severe penalties in a certain Act of Jamaica against any manner of trade with Hispaniola. That after Sir Nicholas Lawes' arrival as Governor a Court of Admiralty was held, and a Bill brought in order to condemn the said indigo as the produce of Hispaniola; whereupon the said Governor demanded the indigo to be produced, but answer was made that the same was sold, as perishable, so that they could not proceed. And as to the proof of what these gentlemen alledged, and that the said indigo was bought as they affirmed at Jamaica, they desired to be referred to the letters they had received from their factors and correspondents in Jamaica, and to the invoices and accounts of sale for the said indigo, whereupon they were desired to set forth the full state of their case in a memorial, and to bring the same to the Board as soon as they could, with the best proofs they have to support it, which they promised accordingly.
Sir Charles Cox attending with Mr. Ashley, lately arrived from Barbados, Mr. Gordon and Mr. Thomas Tryon, these gentlemen presented to the Board a list of negroes stolen, driven and run away from Barbados to Martinique, which was read; and their Lordships having some further discourse with these gentlemen thereupon, Mr. Gordon said he could not find the letter to him from the Governor of Martinique, which he had promised to bring to their Lordships; that he believed one reason of Mr. Lowther's refusing to grant any letter for reclaiming the negroes at Martinique, was the disrespectful manner in which the late Governor of Martinique took notice of an application made to him concerning some negroes of the French, who had in like manner escaped from Martinique to Barbados. That there had been an instance of some white boys running away with a wherry from Barbados to Martinique; and that this practice had begun within about a year and half. Mr. Ashley said, he left Barbados in September last, and that the negro he lost, went away with others in May last, and that he is apprehensive the practice will continue unless some care be taken to prevent it. The gentlemen above mentioned being withdrawn, and Mr. Micklethwaite one of the agents of Barbados attending, their Lordships inquired of him, whether he had any account of this matter, who answered that he had heard nothing of it from the Governor but believed he had very good reasons for his proceeding, there being strict directions to prevent any illegal trade or correspondence with Martinique supposed to be now carried on.
A representation proposing William Pusey, Esqr., to be of the Council of Jamaica, to supply the vacancy therein by the death of Thomas Harrison, Esqr., deceased, was signed. As likewise a letter to Mr. Secretary Craggs in answer to his, mentioned in the Minutes of the 18th instant, relating to the said Mr. Pusey.
Mr. West attending, their Lordships proceeded to consider the
three Acts of New Jersey undermentioned, passed there in 1716—17,
An Act to inforce the payment of 340 ounces 2 pennyweight 16 grains of plate, due from the inhabitants of Burlington county, being their part of the 5000l. tax for the year 1714.
An Act for vesting the lands late the estate of William Hall, Esqr., in trustees, to be sold for the payment of his debts, and
An Act to enable John and Sycha Pettinger to sell the estate late of Richard Pettinger for payment of debts.
And observed that the first of the said Acts has had its effect, and that neither of the other two have the clauses required by the Governors' instructions for private acts.
A letter to Mr. Secretary Craggs upon the petition of Abel Alleyne, Esqr., and others, referred to this Board, and mentioned in the Minutes of the 20th instant concerning the Governor of Barbados refusing his letter to the Governor of Martinique, to reclaim certain negroes, was agreed and signed.